Self-Representation before the International Criminal Court : Safeguarding the Interests of Justice and Protecting Human Rights

摘要

This paper focuses on the following question: how can the ICC safeguard against an accused's misuse of the right to self-representation, thus preserving his right to a fair trial, and why such safeguards are needed at the first place?The structure of the article is determined by its aim which is the analysis and application of the right to self-representation. In effect, the first part ponders on the two practical situations where the court is allowed to interfere with the defendant’s rights. If the accused is behaving in a disrupting manner or if the case is ‘highly’ complex, the court should restrain the exclusive self-representation. By acknowledging that the interference could be justifiable, I will then put forward in the following section three possible solutions for the court to react. So to speak, imposing a legal representative is not the only possibility, viz. representation in person could be still allowed, however, with particular modifications. In the last chapter I will question the incentive of the court’s encroachment into the defendant’s rights. I find the notion of justice essential in understanding this issue and therefore I will circle my argument around it. By way of conclusion, I will highlight circumstances and options for the court’s justifiable interference and present the notion of justice — as a value that protects the legitimacy of the court’s proceedings — in the way I see it.